10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011) 

As of May 6, 2011, the U.S. Citizenship and Immigration Services (USCIS) has received 10,200 H-1B Regular Cap, and 7,300 H-1B Master’s Exemption. 

H-1B petitions are temporary work visas for foreign nationals to live and work in the U.S.  Many H-1B foreign nationals have successfully gone on to apply for and obtain green card status.

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree or work experience) may be sponsored for H-1B petitions.  A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of duties.

On April 1, 2011, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption.   The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher.  These H-1B petitions are for Fiscal Year 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later).   The FY2011 visas quota (for October 1, 2010 start-date or later) was already closed on January 27, 2011.

H-1B petitions filed under premium processing (faster processing of certain employment-based petitions and applications) during an initial five-day filing window had been undergoing a 15-day processing period that began on April 7, 2011. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS will inform the public that the cap has been reached, and this may differ from the actual final receipt date.  In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap.  The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date.  The final receipt date will be the date USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status can still have H-1B petitions filed for them to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap.

In general, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years).  Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

Potential H-1B candidates who do not make it to the Fiscal Year 2012 H-1B visa quota (October 1, 2011 start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2012 (October 1, 2012 start-date or later) for the Fiscal Year 2013 H-1B visa quota.   They can also consider other immigration options such as self-petition green card filings, if eligible.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net 

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

• 7,100 H-1B Cap Work Visas Have Been Received for FY2012 (April 15, 2011)
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• 12,300 H-1B Cap Work Visas Have Been Received for FY2012 (May 20, 2011)
• 13,600 H-1B Cap Work Visas Have Been Received for FY2012 (June 1, 2011)
• 13,100 H-1B Cap Work Visas Have Been Received for FY2012 (May 26, 2011)
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters

 7,100 H-1B Cap Work Visas Have Been Received for FY2012 (April 15, 2011)

As of April 15, 2011, the U.S. Citizenship and Immigration Services (USCIS) has received 7,100 H-1B Regular Cap, and 5,100 H-1B Master’s Exemption 20,000. These numbers include cases that are still pending or have been approved but do not include petitions that have been denied.

H-1B petitions are temporary work visas for foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain green card status. Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of duties.

On April 1, 2011, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher.   These H-1B petitions are for Fiscal Year 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later). The FY2011 visas quota (for October 1, 2010 start-date or later) was already closed on January 27, 2011.

H-1B petitions filed under premium processing (faster processing of certain employment-based petitions and applications) during an initial five-day filing window are undergoing a 15-day processing period that began on April 7, 2011. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS will inform the public that the cap has been reached, and this may differ from the actual final receipt date. In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap. The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date. The final receipt date will be the date USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status can still have H-1B petitions filed for them to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap.

In general, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

Potential H-1B candidates who do not make it to the Fiscal Year 2012 H-1B visa quota (October 1, 2011 start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2012 (October 1, 2012 start-date or later) for the Fiscal Year 2013 H-1B visa quota. They can also consider other immigration options such as self-petition green card filings, if eligible.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• 12,300 H-1B Cap Work Visas Have Been Received for FY2012 (May 20, 2011)
• 13,600 H-1B Cap Work Visas Have Been Received for FY2012 (June 1, 2011)
• New I-9 Employment Eligibility Verification Procedures
• H-1B Work Visa Cap is Almost Met (for Fiscal Year 2011)!

Immigration Relief for Japanese and Other Nationals from the Pacific Stranded due to the Earthquakes and Tsunami

On March, 11, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that Japanese and other foreign nationals from the Pacific stranded in the United States due to the earthquakes and tsunami devastation, and who have exceeded or are about to exceed their authorized stay in the U.S., may be permitted up to an additional 30 days to depart.

Visitors traveling under the Visa Waiver Program (VWP):

• If you are at an airport, contact the U.S. Customs and Border Protection office at the airport
• All others, please visit the local U.S. Citizenship and Immigration Services office at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e39c0b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=e39c0b89284a3210VgnVCM100000b92ca60aRCRD

Visitors traveling under a nonimmigrant visa:

• Visit the local U.S. Citizenship and Immigration Services office at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e39c0b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=e39c0b89284a3210VgnVCM100000b92ca60aRCRD
• Bring your passport, evidence that you are stranded (such as an itinerary for the cancelled flight), and your I-94 departure record

For additional immigration relief options, please visit the Special Situations Web page at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f34d3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=f34d3e4d77d73210VgnVCM100000082ca60aRCRD.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.  We also specialize in extraordinary ability and exceptional ability green card cases.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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• New USCIS ELIS Online Filing Immigration System is Launched Today for Foreign Nationals Visiting USA Temporarily for Business and Pleasure (May 22, 2012)
• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• 7,100 H-1B Cap Work Visas Have Been Received for FY2012 (April 15, 2011)
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• Additional U.S. Immigration Relief for Those Stranded Due to Earthquake and Tsunami in Japan
• USCIS Immigration Services for Those Affected by Hurricane Harvey
• U.S. Supreme Court Decision: Blocking Continues on President Obama’s DAPA and Expanded DACA

On February 4, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that many of its offices are closed due to severe snow and ice storms.  The USCIS service centers such as the Texas and Nebraska Service Centers are closed during the week of January 31, 2011.  Many USCIS field offices are also closed.   For the latest update on USCIS office closings, the public may contact the USCIS National Customer Service Center at 1-800-375-5283.

Cases, especially those that must meet deadline, will not be affected.  This is because the USCIS will make adjustment and acknowledge timely filings for immigration filings and responses to request for further evidence that must meet their respective deadline. 

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

• 7,100 H-1B Cap Work Visas Have Been Received for FY2012 (April 15, 2011)
• USCIS Immigration Policy Changes for P-1 Entertainer of Internationally Recognized Entertainment Group
• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• Online or Paper Filing, or Both, for Change-of-Address Forms AR-11 and AR-11 SR?
• H-1B Work Visa Cap is Almost Met (for Fiscal Year 2011)!
• H-1B Work Visa Cap is Almost Met (for Fiscal Year 2011)!
• EAD for Humanitarian Parolee

H-1B petitions are temporary work visas for specialty occupation foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtaining green card status.

On January 27, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received sufficient H-1B cap petitions to meet the statutory cap for the fiscal year (FY) 2011. The final receipt date for H-1B cap petitions is January 26, 2011. This means H-1B cap petitions received after January 26, 2011 will be rejected. H-1B cap petitions received on January 26, 2011 will undergo a computer-generated random selection process to select petitions needed to meet the cap. The USCIS will then reject and return to petitioners all remaining H-1B cap-subject petitions (including fees) that not randomly selected by the computer.

Potential H-1B candidates who do not make it to the Fiscal Year 2011 H-1B visa quota (October 1, 2010 or later start-date) have the options to have their H-1B cap petitions submitted to the U.S. Citizenship and Immigration Services (USCIS) on or after April 1, 2011 (October 1, 2011 or later start-date) for the Fiscal Year 2012 H-1B visa quota.   They can also consider other immigration options such as self-petition green card filings, if eligible.

The USCIS has already received over 20,000 of the first 20,000 H-1B petitions for FY2011 that are exempted from the 65,000 visa cap, under the advanced degree exemption which applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status can still have H-1B petitions filed for them to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap.

Normally, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years).

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• 7,100 H-1B Cap Work Visas Have Been Received for FY2012 (April 15, 2011)
• USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014
• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• 12,300 H-1B Cap Work Visas Have Been Received for FY2012 (May 20, 2011)

Each year, the Diversity Immigrant Visa (DV) Program (DV lottery)(also known as green card lottery) makes 50,000 immigrant visas available to eligible applicants who are selected in the lottery. To qualify for the lottery, an applicant must be a native of one of the listed country; and have the U.S. equivalent of a high school diploma, or have 2 years of related experience in the last 5 years in an occupation that requires at least 2 years of experience or training.

The initial DV lottery submission is absolutely free.

The U.S. Department of State (DOS) advises that there are many websites posing as the U.S. government and charging fees for this online submission. Applicants should be wary of websites posting as the U.S. government. Only applicants who win the lottery will be required to, eventually, pay any visa or other fees set by and to the U.S. government.

For applicants who seek help to submit a DV lottery entry using “Visa Agents”, Visa Consultants” or other individuals (collectively, Facilitator), the DOS further advises applicants to be present during the online DV lottery submission to ensure that all his/her personal information is entered accurately, and to retain the confirmation page containing the unique confirmation number because some Facilitators may extort money in exchange for the confirmation number. The confirmation number is the ONLY way for an applicant to verify if (s)he has been selected in the DV lottery and further procedures.

While applicants are free to seek help, most applicants submit this initial part of the DV lottery application on their own. Some winning applicants do seek out help from lawyers in preparing for their visa interviews since the information and documentation required for the visa interview is a bit more detailed than the initial free online submission.

If an applicant can meet these requirements, they can submit their entries online free at http://www.dvlottery.state.gov/ . Each applicant will be required to electronically submit photographs and information about themselves, their spouse, and unmarried children under the age of 21. The information required of each applicant and their family members includes, but are not limited to:

1. FULL NAME – Last/Family Name, First Name, Middle Name

2. DATE OF BIRTH – Day, Month, Year

3. GENDER – Male or Female

4. CITY WHERE YOU WERE BORN

5. COUNTRY WHERE YOU WERE BORN – The name of the country should be that which is currently in use for the place where you were born.

6. COUNTRY OF ELIGIBILITY OR CHARGEABILITY FOR THE DV PROGRAM – Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. If you were born in a country that is not eligible for the DV program, please review the instructions to see if there is another option for country chargeability available for you. For additional information on chargeability, please review DOS DV 2012 Instructions under “Frequently Asked Question #1”.

7. MAILING ADDRESS – In Care Of, Address Line 1, Address Line 2, City/Town, District/Country/Province/State, Postal Code/Zip Code, and Country

8. COUNTRY WHERE YOU LIVE TODAY

9. PHONE NUMBER (optional)

10. E-MAIL ADDRESS – provide an e-mail address to which you have direct access. You will NOT receive an official selection letter at this address. However, if your entry is selected and you respond to the notification of your selection through the Entry Status Check, you will receive follow-up communication from the Kentucky Consular Center (KCC) by e-mail notifying you that details of your immigrant visa interview are available on Entry Status Check.

11. WHAT IS THE HIGHEST LEVEL OF EDUCATION YOU HAVE ACHIEVED, AS OF TODAY? You must indicate which one of the following represents your own highest level of educational achievement: (1) Primary school only, (2) High school, no degree, (3) High school degree, (4) Vocational school, (5) Some university courses, (6) University degree, (7) Some graduate level courses, (8) Master degree, (9) Some doctorate level courses, and (10) Doctorate degree

12. MARITAL STATUS – Unmarried, Married, Divorced, Widowed, or Legally Separated

13. NUMBER OF CHILDREN – Entries MUST include the name, date, and place of birth of your spouse and all natural children. Entries must also include all children legally adopted by you, and stepchildren who are unmarried and under the age of 21 on the date of your electronic entry , even if you are no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with you and/or will not immigrate with you. Note that married children and children 21 years or older are not eligible for the DV; however, U.S. law protects children from “aging out” in certain circumstances. If your electronic DV entry is made before your unmarried child turns 21, and the child turns 21 before visa issuance, he/she may be protected from aging out by the Child Status Protection Act and be treated as though he/she were under 21 for visa-processing purposes. Failure to list all children who are eligible will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. See DOS DV 2012 Instructions under Frequently Asked Question #11.

14. SPOUSE INFORMATION – Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph. Failure to list your eligible spouse will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. You must list your spouse here even if you plan to be divorced before you apply for a visa.

15. CHILDREN INFORMATION – Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph: Include all children declared in question #13 above.

When an applicant completes the online lottery application, they will get a confirmation number which they should print out. This confirmation number will be the only means by which the applicant will learn of their having won the lottery. Entry into each year’s DV Lottery is allowed only during a limited period of time. The period to apply for the 2011 and 2012 DV lottery has already closed. The entry period for the 2013 DV lottery will be announced on this website.

Once the application is submitted online, applicants can check the status of their DV lottery application online at www.dvlottery.state.gov . 2011 DV lottery winners have already been notified that they won. 2012 DV lottery winners will only find out that they have won by using the Entry Status Check section of the DV lottery website and how to proceed on their applications. Non-winning entries will learn of their non-selection using the Entry Status Check online system as well. The entry status check portion of the above website will provide winning applicants with a link to further instructions on how to proceed on their applications if they are selected.

If you would like more information on the DV lottery, please consult the website above or contact an immigration attorney.

Author: Aaron Hurlock, an Immigration Paralegal with about 10 years of professional immigration experience.

Editor & Contributor: Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More News

• Errors in 2012 DV Green Card Lottery Results in Early May 2011. New DV Results Available on or around July 15, 2011
• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• Recent Reports on Lost of Expiring Original Certified PERM form ETA 9089 for Permanent Labor Certification
• 7,100 H-1B Cap Work Visas Have Been Received for FY2012 (April 15, 2011)
• Avoid Diversity Visa (DV) or Green Card Lottery Fraud or Scams
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• New I-9 Employment Eligibility Verification Procedures
• Processing Delays for Some I-130 Immediate Relative Petitions Pending with the USCIS Texas Service Center or California Service Center